Thomas County cat. [volume] (Colby, Kan.) 1885-1891, 1887-01-20
CONTEMPT OF COURT.
Judges Who invite Respect and Other
Who Degrade Their Position.


Judges Who invite Respect and Others
Who Degrade Their Position.
The lay portion of the community is
not only interested in any thing that
affects the bar and the courts. but it
has its own peculiar interest in the pun
ishment Of that vague Offense known
IS contempt of court. Either as suit
Dr., witness or juryman the unprofes-
sional citizen is liable ut any time to
find himself. voluntarily or involun-
tarily. subject to the discipline of Il
court, and it is therefore eminently
proper that he should know something
of the grounds on which. and the man.
ner in which, courts subject the con-
temptuous to discipline.
The danger is not great of being
guilty, unintentionaily. of contempt;
but it is not impossible. The layman
may, in several ways, infringe upon the
courts dignity and provoke its judicial
wrath without having the slightest no
ton that he is doing SO, and without
entertaining any feelings but those of
the highest respect. And. on the 9TH
er hand, he may, in his heart, feel the
most utter contempt for the court with
out mourning any penalty so long as
he refrains from giving expression eth
er by act or word to his feelings.
In general way any act is con-
tempt which is openly disrespec.ful to
the court or which defies its authority
or tends to interfere with the admins
tration of justice. The power to pun
ish for contempt is absolutely necessary
to the due administration of justice.
Arbitrary as its exercise often seems
and sometimes is-it can not we'll be
restricted any more than tits. And when
it is considered that it is not really the
dignity of the individual who happens
to occupy the bench, but the dignity of
the law which is being upheld, proceed
ings apparently the most arbitrary lose
some of their harshest features.
A good deal depends, however, upon
.he individual who occupies the bench.
There are judges who confound their
own personal dignity with the dignity
and majesty of the law, and who are
constantly asserting the latter when it
is the former only, if any thing, that
has been assailed. It is difficult,
of course, to always draw the line.
Disrespect to the judge on the
bench. as an individual. mergcs very
speedily into disrespect for his admin
istration of justice, and that is certain
ly . contempt which courts can not
overlook and which the public can not
afford to have them overlook. But it
can not be overlooked that this person.
al disrespect, with its consequential
disrespect for the court as court is al
most invariably of the judges own in
viting. The judges who respect them
selves and appreciate properly the dig
nifty of their position are very rarely
treated with disrespect and scarcely
know from personal experience what
contempt of court is. Judges, on the
other hand, who have no proper sense
of the dignity of the position, invite
disrespect. They ought not to be sur
prised at the acceptance of the invita-
ton; neither should they be surprised
if the attempt under such circumstances
to assert their dignity and that of
their court is an utter failure-except
in siren gthening public disrespect.
We have had judges in the courts
held in this city, toward whom no law
yer or other attendant upon the court
ever dreamed of exhibiting disrcspect.
either actual or technical. We have
had others whose methods Of conduct
ing court and administeringjustice were
constant provocations of contempt. A
judge has been known to tell an attor-
ney to sit down while making an ar
gument. and. because the attorney re-
specially declined, to leave the bench
in Il fret, retire to his room, slamming
the door after him. and stay there for sew
eral minutes. Another has left the
bench while u jury was ont. to crack
Jokes with the bar and other attend
ants in the freest and easiest style. And
still another has been seen while the
jury was out in criminal case,
and the court still in session, sitting
with his hat on among the lawyers. not
only chatting. but smoking. 1t is in
the courts where these things are done,
as rule. where contempt cases arise.
Detroit Free Press.